TheLiveAds Terms and Conditions
TheLiveAds, Inc. (“TheLiveAds,” “we” or “us”) provides this website (in these terms we call this site and any successor websites, and any software provided by TheLiveAds for use with the site, the “Site”) to you subject to these terms and conditions of use (“Terms” or “Agreement”). Please read these Terms carefully before using the Site. By accessing, using, or by merely browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site. This Site is not intended to be used by children. Users must be at least thirteen (13) years of age to use this Site. TheLiveAds reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site. If you have any questions about the Terms, please email us at the email address provided in the site.
- 2. Ownership, Copyright and Trademarks
In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content.” All Content and all software available on the Site or used to create and operate the Site is the property of TheLiveAds or its licensors, and is protected by United States and international copyright and intellectual property laws, and all rights to the Site, the Content and software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TheLiveAds. TheLiveAds collects certain information and data during the normal operation of the Site. The information and data collected through the operation of the Site is the property of The Live Ads.
- 3. Limited License of Content Use
TheLiveAds grants you a limited, revocable, non-exclusive, license to access the Site and to view, copy and print the portions of the Content available to you on the Site. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Site or the Content, or reproduce, distribute or display the Site or any Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Site or the Content other than for its intended purpose. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by TheLiveAds at any time. You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. To request permission for uses of Content not included in this license, you may contact TheLiveAds at the address identified on the Site.
- 4. Infringement Claims; Repeat Infringers
TheLiveAds will process and investigate proper notices of alleged copyright or other intellectual property infringement related to material on its websites or servers and will respond appropriately, following the guidelines of the Online Copyright Infringement Liability Limitation Act and other applicable intellectual property laws. Where appropriate, and regardless of the merits of the alleged infringement, our response may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification. TheLiveAds will, following appropriate investigation, terminate or disable access by repeat infringers.
- 5. Links to Other Sites
The Site contains links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. Third-Party Sites include social network platforms, Use of links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. TheLiveAds does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. TheLiveAds provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply TheLiveAds's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. TheLiveAds accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies are no longer applicable. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
- 6. Warranty Disclaimer
THE SITE, THE CONTENT AND THE SERVICES PROVIDED BY THE SITE ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM THELIVEADS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THELIVEADS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THELIVEADS DOES NOT REPRESENT OR WARRANT THAT CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE CONTENT OR ANY PORTION THEREOF. While TheLiveAds attempts to make your access to and use of the Site safe, TheLiveAds does not represent or warrant that the Site or any Content are free of viruses or other harmful components.
- 7. Limitation of Liability; Indemnity
YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST THELIVEADS, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD-PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK. Without limitation of the foregoing, neither TheLiveAds nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from TheLiveAds or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to TheLiveAds or any other Released Party's records, programs or Services. In no event shall the aggregate liability of TheLiveAds, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation paid by you for access to or use of the Site during the three months prior to the date of any claim. Nothing in these Terms shall limit our liability in any claim for fraud or fraudulent misrepresentation. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Site, exploitation of any advertising or other materials distributed in connection therewith, or exploitation of the Site or any content or other material used or displayed through the Site and agree to limit your claims to claims for monetary damages within the limits identified in this Agreement. You shall defend, indemnify and hold harmless TheLiveAds and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, and if you are a Subscriber or Sponsor, from your Agent(s)’ use of the Site and from the use of the Site by any person to whom you give access to your account (such as staff), including any User Content that infringes the rights of any third-party, including the intellectual property rights, of any third-party.
- 8. Applicable Law and Venue
PLEASE NOTE: This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. The Site is controlled by TheLiveAds, Inc. and operated from its offices in Chicago, Illinois. You and TheLiveAds both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and TheLiveAds explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the State of Illinois and the federal laws applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Except where prohibited by applicable law, any claim, dispute or controversy arising out of or relating to these Terms; (b) the Site or Content; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site; or (d) the relationships that result from these Terms or the Site or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (1) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this or any prior Agreement (including, but not limited to, claims relating to promotions or advertising); (3) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (4) claims that may arise after the termination of this Agreement. You waive any right you may have to commence or participate in any class action against TheLiveAds related to any Claim and, where applicable, you also agree to opt out of any class proceedings against TheLiveAds. If you have a Claim, you should give written notice to arbitrate at the address specified in Section 19. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the rules of the American Arbitration Association in effect on the date of the notice in the city of San Francisco, California. To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in San Francisco, California. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than California, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify TheLiveAds and the other Released Parties for your failure to comply with any such laws.
- 9. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, TheLiveAds reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) block or prevent your future access to and use of all or any portion of the Site or Content; (c) change, suspend or discontinue any aspect of the Site or Content; and (d) impose limits on the Site or Content.
- 10. Miscellaneous
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. TheLiveAds may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of TheLiveAds, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and TheLiveAds regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and TheLiveAds regarding your use of the Site. The section titles in these Terms are for convenience only and have no legal or contractual effect. If a court of competent jurisdiction determines that any provision of these Terms is invalid, unlawful, void or unenforceable, that provision shall be modified or severed to the maximum extent permitted by law; however, any and all other provisions shall remain valid and be given full force and effect in a valid and enforceable manner to accomplish the purposes of these Terms.
- 11. Questions and Comments
If you have any questions regarding these Terms or your use of the Site, please contact us here: TheLiveAds, 650 W. Lake St., Suite 330, Chicago, IL 60661.